Reference Number(s) of Documents assigned or released: 2080100330
Document Title: NOTICE OF TRUSTEE’S SALE
Grantor: Bishop, White, Marshall & Weibel, P.S.
Grantee: Aleksandr V. Belous W/A/T/A Aleksandr Belous and Natalya Belous, Married to each other
Abbreviated Legal Description as Follows: PTN SEC 18 TWP 39N RGE 2E, WHATCOM COUNTY
Assessor’s Property Tax Parcel/Account Number(s): 390218-309020-0000
WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that the undersigned Bishop, White, Marshall & Weibel, P.S. will on February 14, 2014 at 10:00 am at the main entrance of the Whatcom County Courthouse, 311 Grand Avenue, in the City of Bellingham located at Whatcom County, State of Washington, sell at public auction to the highest bidder, payable at the time of sale, the following described real property, situated in Whatcom County, State of Washington, to-wit;
A TRACT OF LAND IN SECTION 18, TOWNSHIP 39 NORTH, RANGE 2 EAST, W.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERLY BOUNDARY OF THE THORNTON ROAD AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID SOUTHEAST QUARTER 120 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 80 FEET; THENCE EASTERLY PARALLEL TO THE THORNTON ROAD 140 FEET; THENCE SOUTHERLY PARALLEL TO THE WEST BOUNDARY OF THE SAID SOUTHEAST QUARTER 80 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY OF THE THORNTON ROAD, TO THE TRUE POINT OF BEGINNING, ALSO A TRACT OF LAND IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 39 NORTH, RANGE 2 EAST, W.M., PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF THORNTON ROAD, SAID POINT FURTHER DESCRIBED AS BEARING WEST, A DISTANCE OF 39.99 FEET FROM THE SOUTHWEST CORNER OF LOT 1, “PLAT OF VISTA HEIGHTS”, FERNDALE, WASHINGTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 113, IN THE AUDITOR’S OFFICE OF SAID COUNTY AND STATE; THENCE WEST ALONG SAID NORTH RIGHT OF WAY LINE, 20.01 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO H. EDWARD BROWN AND ADRIANNE M. BROWN BY DEED RECORDED UNDER AUDITORS FILE NO. 1076243; THENCE NORTH 01 DEGREES 23 MINUTES 04 SECONDS EAST ALONG THE EASTERLY
BOUNDARY OF SAID PARCEL AND SAID BOUNDARY PROJECTED 150.03 FEET; THENCE EAST 20.01 FEET; THENCE SOUTH 01 DEGREES 23 MINUTES 04 SECONDS WEST 150.03 FEET TO THE TRUE POINT OF BEGINNING. LESS ROADS
SITUATE IN WHATCOM COUNTY WASHINGTON.
which is subject to that certain Deed of Trust dated December 7, 2007, recorded January 4, 2008, under Auditor’s File No. 2080100330 records of Whatcom County, Washington, from Aleksandr V. Belous W/A/T/A Aleksandr Belous and Natalya Belous, Married to each other, as Grantor, to PRLAP, Inc. , as Trustee, to secure an obligation in favor of Bank of America, N.A. as beneficiary. Said Deed of Trust was assigned on February 8, 2012 to Nationstar Mortgage, LLC by an instrument recorded under Auditor’s File No. 2120103075, on February 27, 2012. The sale will be made without any warranty concerning the title to, or the condition of the property.
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Grantor’s default on the obligation secured by the Deed of Trust.
The default(s) for which this foreclosure is made is/are as follows:
• Failure to pay the following amounts, now in arrears:
Amount due to reinstate loan by 10/11/2013
Delinquent Monthly Payments Due from 12/1/2012 through 10/1/2013:
7 payment(s) at $1407.85
4 payment(s) at $1234.34
Accrued Late Charges: $118.92
Corporate Advances 1,028.19
TOTAL DEFAULT $15,939.42
The sum owing on the obligation secured by the Deed of Trust is: $187,311.94, together with interest from November 1, 2012 as provided in the note or other instrument, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute.
The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on February 14, 2014. The payments, late charges, or other defaults must be cured by February 3, 2014 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before February 3, 2014 (11 days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashier’s or certified checks from a State or federally chartered bank. The sale may be terminated any time after February 3, 2014 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. VI
A written notice of default was transmitted by the beneficiary or Trustee to the Borrower and Grantor at the following address(es):
Aleksandr V. Belous
aka Aleksandr Belous
2288 Thornton St
Ferndale, WA 98248
2288 Thornton St
Ferndale, WA 98248
by both first class and certified mail on August 21, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on August 21, 2013, with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting.
The Trustee whose name and address are set forth will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.
The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.
NOTICE TO OCCUPANTS OR TENANTS
The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
If the Trustee’s Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder’s recourse against the Trustee and/or the Beneficiary.
NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustee’s Sale is less than the debt secured by the Deed of Trust; (2) The Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee’s sale; (3) The Guarantor will have no right to redeem the property after the Trustee’s Sale; (4) Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the Trustee’s Sale, or the last Trustee’s Sale under any deed of trust granted to secure the same debt; and (5) In any action for a deficiency, the Guarantor will have the right to establish the fair value of the property as of the date of the Trustee’s Sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the Trustee’s Sale, plus interest and costs.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You have only 20 DAYS from the recording date on this notice to pursue mediation.
DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.
Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission:
The United States Department of Housing and Urban Development:
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys:
DATE: October 10th, 2013.
BISHOP, WHITE, MARSHALL & WEIBEL, P.S., Successor Trustee
By: William L. Bishop, Jr.
William L. Bishop, Jr.
720 Olive Way, Suite 1201
Seattle, WA 98101
Published January 15 and February 5, 2014